I gave my landlord a check for $1600.00 for March's rent. On the memo line it says: "For March rent". It was returned to her for NSF. She deposited it again two weeks after (even though I gave her cash to make up for the $1600.00), then again two weeks after. The third time it was put through as a debit. Legally, can she do this, use rent as security deposit, force a check to go through as a debit?
As to whether the check memo you denoted will restrict the use of the check depends on your state's laws and interpretations of them, for this specific issue. Because the landlord still had the check, they were free to run it through for payment as far as your bank is concerned. You should have retrieved the check or placed a stop payment. It may take a court to determine if you owed other monies to the landlord, and if they were within their rights to cash the check to collect these other monies.
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As to whether the check memo you denoted will restrict the use of the check depends on your state's laws and interpretations of them, for this specific issue. Because the landlord still had the check, they were free to run it through for payment as far as your bank is concerned. You should have retrieved the check or placed a stop payment. It may take a court to determine if you owed other monies to the landlord, and if they were within their rights to cash the check to collect these other monies.
